InSeason App, LLC – Terms of Service

Effective Date: June 20, 2017
These InSeason App Terms of Service (the “Terms of Service”) describe the terms pursuant to which InSeason App, LLC (“InSeason App” “we” or “us”) offers you access to the InSeason App website located at www.inseasonapp.com as well as other localized InSeason App websites (the “Sites”), and the services and tools (including, but not limited to, mobile and other software applications) related to the Sites (collectively, the “Service”). These Terms of Service apply when you access, visit or use the Service.
DISTRACTED DRIVING AWARENESS. DISTRACTED DRIVING IS VERY DANGEROUS. ALWAYS DRIVE IN ACCORDANCE WITH TRAFFIC LAWS AND IN A MANNER THAT IS APPROPRIATE AND SAFE FOR ROAD AND TRAFFIC CONDITIONS. ANY INTERACTION WITH THE SERVICE WHILE OPERATING A MOTOR VEHICLE IS STRICTLY FORBIDDEN. ANY INTERACTIONS WITH THE SERVICE SHOULD ONLY BE PERFORMED WHILE YOUR MOTOR VEHICLE IS NOT IN MOTION AND IN A LOCATION PERMITTED BY LAW. PASSENGERS OTHER THAN THE DRIVER MAY INTERACT WITH THE SERVICE WHILE THE MOTOR VEHICLE IS IN MOTION, PROVIDED ANY SUCH INTERACTION DOES NOT DISTRACT THE DRIVER’S ATTENTION FROM THE ROAD OR TRAFFIC AND DOES NOT INTERFERE WITH THE DRIVER’S OPERATION OF THE MOTOR VEHICLE.

About InSeason App; Eligibility. InSeason App is a Pennsylvania limited liability company that simplifies and consolidates hunting and fishing season information, including related regulatory information, for all outdoorsmen. InSeason App also offers location specific functions such as license, weather and moon phase information to improve the user’s hunting and fishing experience. The Service is intended for users who are at least eighteen (18) years old. If you are not at least eighteen (18) years old please do not access, visit or use the Service.

Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or create an InSeason App account. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.

Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and InSeason App have against each other are resolved. See Section 14 (Limitation of Liability); Section 19 (Choice of Law and Forum); Section 20 (Arbitration Agreement and Waiver of Class Action Remedies). It also contains an Agreement to Arbitrate (see Section 20(A)), which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 20(D). Unless you opt-out: (A) you will only be permitted to pursue claims against InSeason App on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Amendments. We may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your e-mail address, we will also notify you of material changes to these Terms of Service by sending an e-mail at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the e-mail address you provide to us current, and to promptly notify us of any changes to your e-mail address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by contacting us at support@inseasonapp.com, or by postal mail at P.O. Box 86, Hickory, Pennsylvania 15340, Attn: InSeason App Customer Service, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.

InSeason App Privacy Policy. In connection with your use of the Service, please review the InSeason App Privacy Policy, located at http://www.inseasonapp.com/Privacy in order to understand how we collect and use information about you when you access, visit or use the Service. The InSeason App Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the InSeason App Privacy Policy, and agree that we may use information collected from you in accordance with the InSeason App Privacy Policy.

InSeason App Accounts and Registration. In order to visit, browse, and utilize the Service you must create an InSeason App account profile. You can create a InSeason App account profile either by directly registering through the Service or by logging in to the Service through your account on Facebook, or other compatible social media platforms (each, a “Social Media Service”). By creating an InSeason App account profile you represent that you are: (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not barred from using the Service under the laws of the United States or another jurisdiction.

Creating an Account Directly through the Service. If you choose to create an InSeason App account profile directly through the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if InSeason App has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, InSeason App may suspend or terminate your account profile and refuse to allow you to use the Service at any time.

Creating an Account through a Social Media Service. If you choose to log in to the Service through your Social Media Service account, InSeason App may: (i) have access to certain information that you make available through the applicable Social Media Service; or (ii) post status messages, notes, photos, videos and other materials to the applicable Social Media Service on your behalf. By logging in to the Service through a Social Media Service, you grant us permission to access and use the information that you make available through the applicable Social Media Service, in accordance with the privacy or other settings that are applicable to your Social Media Service account. For more information on the information we collect about you from Social Media Services, please review the InSeason App Privacy Policy. For more information on how you can manage the information provided to InSeason App by the applicable Social Media Service, please review the privacy settings applicable to your Social Media Service account. Social Media Services are not partners or representatives of InSeason App and InSeason App is not responsible for the acts or omissions of any Social Media Service in connection with your account with the applicable Social Media.

Termination of Your Account. You may terminate your account profile at any time by contacting us at support@inseasonapp.com. If you terminate your account profile you will not be able to access and utilize the Sites and Services. We may also terminate your account profile, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.

Ownership of the Service. Except for User Content (as described below in Section 7), you agree that InSeason App and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (the “InSeason App Content”), and all intellectual property rights related to the InSeason App Content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The InSeason App name, logo and symbols and related names are trademarks and service marks of InSeason App (the “InSeason App Marks”). You agree not to display or otherwise use any InSeason App Marks without InSeason App’s prior written consent.

User Content.

Responsibility for User Content. If you have an InSeason App account profile, you may be able to post content to the Service including comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials (“User Content”). You, and not InSeason App, will be solely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Service, and other users of the Service, and not InSeason App, are similarly responsible for the User Content that they upload, post, e-mail, transmit or otherwise make available through the Service. By posting User Content on or through the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to InSeason App the rights to your User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to us is truthful and accurate. Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use any User Content that you make publicly available through the Service. InSeason App has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to, the use of profanity, racism, hateful comments or sexual connotation. Should your account or your User Content be removed from the Service, InSeason App reserves the right to retain your User Content for backup, archival, or audit purposes.

Content on the Service. InSeason App is an Internet Service Provider and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. InSeason App is not responsible for, nor does InSeason App necessarily hold the opinions expressed by, User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. InSeason App does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

Sharing User Content through Social Media Services. In the event that you share or post User Content to the Service through a Social Media Service, or post or share User Content to a Social Media Service through the Service, you agree to comply with all terms of use, policies and guidelines established by the applicable Social Media Service with regard to your User Content. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting User Content to or from any Social Media Service.

InSeason App’s Rights in User Content. InSeason App does not claim ownership of any User Content. However, you grant InSeason App a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices. You release InSeason App from and against any and all claims of any kind which you may have against InSeason App in connection with such use of User Content as described herein, including, but not limited to, those based on rights of publicity or privacy.

Prohibited User Content. While using the Service, you agree that you will not upload, post, e-mail, transmit or otherwise make available any User Content that:

creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;

seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or

infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:

use, display, mirror or frame the Service, any individual element within the Service, the InSeason App name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;

access the Service by any means other than through the interface provided by InSeason App and as otherwise expressly authorized under these Terms of Service;

access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by InSeason App or any of our providers or any other third party (including another user) to protect the Service;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

attempt to access or search the Service or scrape or download User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by InSeason App or other generally available third party web browsers;

send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;

use any meta tags or other hidden text or metadata utilizing the Service or an InSeason App trademark, logo, or URL without InSeason App’s express written consent;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;

interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your account) or your access to or use of the Service;

disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;

collect or store any personally identifiable information from other members of the Service without their express permission;

stalk or otherwise harass another person or entity;

impersonate or misrepresent your affiliation with any person or entity;

violate any applicable law or regulation; or

encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.

User Feedback. InSeason App welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via e-mail, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with InSeason App, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) InSeason App is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) InSeason App shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) InSeason App may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of InSeason App without any obligation of InSeason App to you and you hereby assign all of your rights in the suggestions and feedback to InSeason App; (F) you are not entitled to any compensation or reimbursement of any kind from InSeason App under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to InSeason App.

Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources or data. You acknowledge and agree that InSeason App is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third party websites on the Service are not intended as endorsements or referrals by InSeason App of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.

Disclaimer of Warranties. THE SERVICE, INCLUDING ALL SEASON AND RELATED REGULATION DATA, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INSEASON APP AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “INSEASON APP PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INSEASON APP PARTIES DO NOT WARRANT THAT THE SERVICE AND/OR SEASON AND RELATED REGULATION DATA AND/OR OTHER DATA MADE AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE INSEASON APP PARTIES DO NOT WARRANT AND YOU AGREE AND UNDERSTAND THAT YOU SHOULD NOT, UNDER ANY CIRCUMSTANCES, REPLY UPON THE SEASON AND RELATED REGULATION DATA, INFORMATION, AND OTHER CONTENT OFFERED AND/OR PROVIDED AS PART OF AND/OR THROUGH THE SERVICE.
FURTHER, IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE INSEASON APP PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.

Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE INSEASON APP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A INSEASON APP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND/OR CRIMINAL PENALTIES, RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE AND/OR THE SEASON AND RELATED REGULATION DATA, INFORMATION, AND OTHER CONTENT OFFERED AND/OR PROVIDED AS PART OF AND/OR THROUGH THE SERVICE.

Abusing InSeason App. Please report problems, offensive content, and policy violations to us by sending us an email at support@inseasonspp.com. We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

Copyright Policy. InSeason App respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you should credit the original source. InSeason App is an internet service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content.

InSeason App does provide content owners with the ability to notify InSeason App if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to InSeason App as set forth below. When we receive a valid DMCA notification, we will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order.

Filing a Copyright Complaint. If you are a copyright owner or its agent and believe that any user content made available through the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing InSeason App’s Copyright Agent (using the Copyright Agent contact information set forth below) with the following information in writing (pursuant to 17 U.S.C § 512(c)(3)):

The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit InSeason App, the service provider, to locate the material;

Information reasonably sufficient to permit InSeason App, the service provider, to contact you, such as an address, telephone number, and, if available, an email address;

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notification of claimed infringement to InSeason App’s designated Copyright Agent by mail to Copyright Agent, United States Corporation Agents, Inc., 1729 West Tilghman Street Rear, Allentown, Pennsylvania 18109 or by e-mail to jessica@inseasonapp.com, Attn: Copyright Agent. For clarity, only DMCA notifications should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to support@inseasonapp.com. You acknowledge that if you fail to comply with all of the requirements described in this DMCA Policy, your DMCA notification may not be valid.
If we receive a notification, we will send a copy of the notification to the user who posted the material addressed by your notification.

Responding to a Copyright Complaint with a Counter-Notice. If InSeason App notifies you that your content has been removed based on a copyright claim submitted, and you believe your content was removed in error, you have the option to file a counter-notice. To file a counter-notice, you should respond to the notice that you received with the following information:

Your physical or electronic signature;

Your address, telephone number and e-mail address;

The source address for your content that was removed;

A statement under penalty of perjury that you have a good faith belief that your content was removed in error; and

A statement that you consent to the jurisdiction of the Federal District Court for the Judicial District in which your address is located (or, if your address is outside of the United States, for any Judicial District in which InSeason App may be found) and that you will accept service of process from the person who submitted the original copyright complaint or an agent of such person.

When we receive your counter-notice, we will forward a copy of it to the person who filed the original copyright claim. If we do not receive notice within ten (10) business days that such person is taking further action, we may restore your content.

Release. If you have a dispute with one or more other users of the Service, you agree to release the InSeason App Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Service. In entering into this release you expressly waive any protections (whether statutory or otherwise), including any and all provisions under Pennsylvania law and/or the law of any other jurisdiction that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity. You agree to indemnify and hold the InSeason App Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; (D) your violation of any law or rights of another party; and/or (E) your use and/or misuse of the services that may result in criminal penalties or sanctions of any kind.

Choice of Law and Forum. The laws of the State of Pennsylvania apply to these Terms of Service and to your relationship with the InSeason App Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Pennsylvania. You consent to the exclusive jurisdiction of the federal or state courts located in Pennsylvania.

Arbitration Agreement and Waiver of Class Remedies.

Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: P.O. Box 86, Hickory, Pennsylvania 15340, Attn: InSeason App Customer Service. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.

Special Provisions for Users Located Outside of the United States. InSeason App’s policies and procedures are based on United States law. As a result, if you are using the Service from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.

Notices. Except as explicitly stated otherwise, legal notices shall be served on InSeason App’s national registered agent (in the case of InSeason App) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the e-mail is sent.

Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of InSeason App. InSeason App may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.

Waiver and Severability. Our failure to exercise or enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is held to be invalid, void or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.

Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.

Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 8 (InSeason App’s Rights in User Content), Section 14 (Limitation of Liability), Section 17 (Release), Section 18 (Indemnity) and Section 19 (Choice of Law and Forum), and Section 20 (Arbitration Agreement and Waiver of Class Action Remedies).

No Oral Modifications. Employees of the InSeason App Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the InSeason App Parties offers to modify these Terms of Service, he or she is not acting as an agent for the InSeason App Parties or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the InSeason App Parties or anyone else purporting to act on our behalf.

Third Party Beneficiaries. These Terms of Service are between you and InSeason App. There are no third party beneficiaries.

Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.

Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at support@inseasonspp.comor by postal mail at P.O. Box 86, Hickory, Pennsylvania 15340, Attn: InSeason App Customer Service.